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1567. 238. The historical part of the Act of Attainder of Shane
Vol. 613, p. 50. O'Neale abstracted, which was enacted in a Parliament held at Dublin 23 February, 11 year of Elizabeth, 1567.
Con O'Neale was created Earl of Tyrone by K. H. VIII., and his son Mathew Baron of Dongannon was in remainder of the earldom to him and the heirs males of his body lawfully begotten. Shane O'Neale, son to Con Earl of Tyrone and brother to Mathew, to prevent the English creation, slew his brother Mathew, Con's father yet living. His father being dead, he usurped the name and authority of O'Neale, made wars upon the Queen's subjects and forced his neighbours to yield him obedience. He constrained O'Relye to submit himself to him and to send him hostages. He took O'Donnell, his son, and wife prisoners, and possessed himself of all his castles and of the whole country of Tirconnell. Upon certain compositions O'Donnell was enlarged, his son remained prisoner, and his wife O’Neale kept for his concubine. For these and other insolencies he was proclaimed traitor. Not long after, seeming to be sorry for his former actions, came to England, where he was graciously received by her Majesty and pardoned. After his return to Ireland, anno 1566, he entered into a new rebellion, invaded the county of Farmanaghe, and McGuire the lord thereof, and in July following he invaded the English pale and besieged Dondalke, and was repulsed with loss and scorn. To continue his rebellion he sent to foreign princes to procure aid, and by his letters did his best endeavour to incite the subjects of Mounster to run his courses. In Connaght he had got footing, and Ulster (which province is about 120 miles long and a 100 broad), he had at his devotion. Upon these his intolerable actions and open treasons, Sir Henry Sydney, then Lo. Deputy, proclaimed him and his associates and maintainers rebels, and prosecuted the wars so sharply upon him as, upon the second day of June 1567, had put on a resolution to go to the Lo. Deputy with a halter about his neck, and to prostrate himself at his feet, and beseech the Queen's pardon. But a barbarous clerk named Neale McKever (whom he used for his secretary) diverted his intention and persuaded him to go to the Scots, who were then in camp in Chanhughboy to the number of 600 fighting men under the heading of Alexander Oge, brother to James McDonnell, and of McGillaspike, his nephew, son to Agnus Joy, brother also to James McDonnell, which Agnus was lately slain in an overthrow given by Shane O'Neale to the Scots. The advice of the priest pleased Shane O'Neale so well as he put it in adventure, having in his company O'Donnell's wife; Neale McKever, his secretary; Lorleby, another brother to James McDonnell, and 50 horse.
Alexander Oge seemed to give him hearty welcome. They fell to quaffing and drinking of wine. Gillaspike, bearing revenge in his mind for the death of his father, Angus Joy, and his uncle, James McDonnell, began to minister words of quarrel to Shane O'Neale, which Shane took in ill part, and replied in great heat. McGillaspike, turning his speech to the secretary, asked him whether he had bruited abroad that the lady his aunt and widow to James McDonnell did offer to come out of Scotland to marry with O'Neale. He affirmed it to be true, saying that if his aunt were Queen of Scotland she might be contented to match with O'Neale, Gillaspike gave him the lie, replying that his aunt was a woman of that honesty and reputation that she would not take him who was the betrayer and murderer of her husband. O'Neale maintained his secretary's quarrel. Gillaspike, full of choler, rose and went forth, his men flocking to him. They fell upon O'Neale's men, slaying them they could reach, and in fury rushed into the tent or cabin where O'Neale was and slew him and his secretary, and but a few of his men escaped. His mangled body, wrapt in a kerne's old shirt, was interred. Four days after his body was taken up by Captain William Peers, his head was cut off, and sent to Sir Henry Sydney to Drogheda the 21st of June 1567.
The 23rd of February in the 12th year of Elizabeth, 1568, Shane O'Neale in a parliament was attainted, and at the same time there was attainted likewise his assistants', namely, the sept of the O'Neales, the possessors of the Clanhoigboy, O'Cahan, McGuillin, the inhabitants of the Glynns (sometimes the Baron Missett's lands and usurped by the Scots), McGennis, O'Hanloyne, Hugh McNeale More, the four septs of the McMahons, McKinan, McCan, and all their lands confiscated to the Crown, which were the countries of Tyrone; Cland Hughboy, Krinne, otherwise O'Cahan's country; the Rowte, called McGillins country; the lordship of the Glynns, usurped by the Scotts; Ivagh or McGennes country; Orrier or O'Hanloynes country; the Fuse, called Hugh McNeal More's country; the Ferny Ireel Loghtie and Dartrye, called the McMahons country; the Troughe, or McKinans country, Clankanny or Mackans country: provided nevertheless that this Act should not be prejudicial to those thereunder named, V1z. :
The Primate of Armagh, the Earl of Ormond, the Bishop of Doune, the Bishop of Clogher, the Bishop of Dromore, the Dean of Christchurch in Dublin, the Dean of Armaghe, the Dean of Clogher, the Dean of Dromore, Sir Nicholas Bagenall, Sir John Bedlow, Christopher Darcy, John Travers of Ballykey, Richard Segrave of Killeglan, Willm. Talbott of Mallahide, Roger Gernon of Gernonsloune, Nicholas Taffe of Balligargan, Edward Dowdall of Glaspistell, Rowland White, John White of Balleegan, John Cadell of Hall, Willm. Blackine of Rikenhore, Christopher Russell of Lecalle, Patrick
Goghe of Morne, Christopher Gafney Clerk, Thomas Flemming of Siddon, Nicholas Taffe of Rathehesker, Manfield of Waterford, &c.
Copy. Pp. 3.
Vol. 613, p. 51a. 239. An Historical Report of the Title which the Crown of England hath unto the realm of Ireland, abstracted out of the printed book of the Statutes of Ireland in the Act of the Attainder of Shane O'Neale, 11 Eliz. 1567.
Gurmund, King of Great Brittannye and son to King Belin, was Lord of Bayon in Spain, from where the Biscaynes came first into Ireland and were his subjects, whereby it follows that Ireland ought to be under the dominion of the Kings of Great Brittannye. Exiled Biscaynes in 60 ships were met at sea (near unto the Isles of the Orchades), with King Gurmund in his return from his conquests in Denmark. The captains of the Biscayn fleet, Hiberus and Hermon, besought the King to assign them some place where they Inight inhabit; the King, having commiseration of them, assigned them the land of Ireland, whereby it is evident that Ireland ought to be subject to the crown of Great Brittanye. Dermond McMoroghe, the banished King of Leinster, submitted himself to King H. II., and became his liege man. His daughter and heir, Eva, married Richard Fits Gilbert, Earl of Struguill (or rather Pembrook), in Wales. He resigned all his right to King H. 2, and took again the land of Leinster of the King, which is a good title to Leinster. In the year 1171 King H. II. in person went into Ireland; at Waterford Dermond King of Corke, of the nation of the McCarties, submitted himself to him and became his liege man. At Cashell, Donnell King of Limerick, of the nation of the O'Briens, swore fealty and homage to him. After that, Donald King of Ossery, McShaghlin King of Ophalye, and all the princes of the south of Ireland became his liege men. At Dublin, O'Carrell King of Uriell, O'Rwrk King of Meath, and Rotherick King of Connaght and Monarch of Ireland, with all the princes and men of account in the whole realm, swore fealty and homage to him and submitted themselves to tribute. In the year 1185 K. H. II. gave the land of Ireland unto his youngest son, John, about which time he came in person into Ireland and held the same land. Immediately after the conquest the clergy of Ireland, being assembled at Armaghe, acknowledged that through sin of the people of the land, by the sentence of God, the mischief of conquest did befall them. At Dublin and also here in Ireland there came to K. R. II. O'Neale of Ulster, O'Brien of Thomond, O'Conner of Con
1602. Nov. 30. Vol. 605, p. 217.
naghte, Art McMorrogh of Leinster, and all the rest of the captains of the Irishmen in Ireland swore fealty and homage to that King, whereby it appeareth evidently that Ireland is belonging and appertaining to the crown of England.
The Title which the Crown of England hath to the Kingdom of Ireland in general, and in particular to the Earldom of Ulster, proved by records abstracted out of the Act as above.
John de Courcye (sent by King H. II. into Ireland) conquered all Ulster, of whose companies in that service divers of their issues remain in that province at this day, vizt., the Savages, Jordons, FitzSimons, Chamberlaynes, Bensons, Russells, Awdleyes, Whites, and many others. John de Courcye died without heirs, and the King gave his conquests to Hugh de Lacy and his heirs, who left one only daughter and heir, married to Burgh. After three or four descents in Burgh it fell again unto a female heir, who was married to Lionell Duke of Clarence, third son to King Edw. III, whose daughter and sole heir Phillip was married to Edmund Mortimer Earl of March, who for many years enjoyed that large territory. He had issue Roger Mortimer Earl of Marche; who had issue Edmund, Anne, and Elinor. But Edmund and Elinor died sans issue, and Anne was married to Richard Earl of Cambridge, son to Edmund Duke of York, fifth son to King Ed. III, which said Richard had issue Richard Duke of York, father to King Edw. IV.; whereby it is evident that the earldom is the undoubted inheritance of the crown of England.
Farthermore, in a parliament held at Dublin in the 28 year of King H. VIII., by the consent of the three estates there assembled, the provinces of Ulster and Leinster and all the lands of the absentees were granted and confirmed and established to the King, his heirs and successors. In the 33 year of H. VIII., in a parliament held at Dublin, it was enacted that the King, his heirs and successors, should for ever afterwards be styled and intituled Kings of Ireland.
Copy. Pp. 6.
240. DEPUTY MOUNTJOY to the LORD PRESIDENT of MUNSTER.
I send a copy of a letter from the Lls of the Council in England, by which you may see what their pleasure is touching the suit preferred to them on the behalf of the town of Waterford. I pray you to take order that they may have the benefit thereof according to their Lordships directions.
Dublin Castle, the 30th of November 1602.
P. 1. Endorsed. Signed.
Vol. 634.—Described in the Lambeth Catalogue, p. 144, under the head “Codex Chartaceus in “Folio, ” as “A survey of the estate of the plantation of the county of Londonderry taken in 1624 by Sir Thomas Phillips, Kt., by virtue of his Majesty's commission under the Great Seal of Ireland, being particular draughts of all the buildings, lands, &c., belonging thereunto,” has not been forwarded with the other volumes from the Lambeth Library to the Record Office. Vol. 635.—In addition to the papers which have been calendared contains pedigrees of most of the lords and gentlemen of the Irish nation, and pedigrees are interspersed throughout the volume. Vol. 636.—Is thus described in the Lambeth Catalogue, p. 146, under the head “Codex Chartaceus in Quarto.” This book contains a catalogue of the Carew manuscripts, according to the single alphabet, by which it appears what manuscripts are wanting. Vol. 637.—Is also thus described in the same catalogue on the same page under the head “Codex Chartaceus in Quarto.” “This book also contains a catalogue of the preceding Carew manuscripts, according to the double alphabet, by which it appears what manuscripts are wanting.” Vol. 638.—Is also thus described on the same page under the same heading. “This book also contains a catalogue of the Carew manuscripts according to the triple alphabet, by which it appears what manuscripts are wanting.”